Anyone ever had their community service passed back to court?

scabbymonkey

Hi I was given 180 hours community service, and have 150 hours left. Before going to court a report was compiled, and in it I explained how I have young children,no support, serious health issues and a partner who works 60-70 hours, 6 days a week. I had a battle with the community service officer at the beginning over what tasks I was able to do due to health, as well as trying to bend over backwards to work when they wanted. Neither of my children are at school, I have no family here and cannot afford childcare. other half works 6 days, and due to being management involved in transport can often be made to work late at very short notice. A recent stint in hospital left me on very strong painkillers which make me zombie like. I am in constant daily agony, regular emergency hospital admissions and doctors have no idea whats causing the pain. I am due to have exploratory surgery, and could end up with a hysterectomy aged 26. Even then they dont know if it will stop the pain.
Despite being very open and upfront to community service, and trying everything I can to get to placement, its becoming very very difficult, and they keep changing the agreements. We arranged it would be every other saturday 9-5 to fit in with my other halfs work. He agreed with his area manager that if anything came up on the days I have to be at placement,they'd have to make other arrangements. This has caused trouble with his employers. Then the CSO decided I could no longer do every other saturday and would have to be 5-9 mon-fri, or 9-5 saturday and sunday. I explained my partner works till 6, and isnt home till almost 7, even on the nights he isnt working late, and he HAS to work alternate saturdays and sundays. While partner is at work I am the only person to care for our young children. Childcare for them both for a full day would be £80 per day (cheapest quote) and since I cant work with my health, it would have to come out of my partners wages, and this would be impossible to find! Neither of us have family within 100 miles, and all my friends work and have their own children (I have asked them to watch the children 1 day at the weekend and all have said no)
I attended placement last week under the influence of my very strong painlkillers (I have provided a letter off my GP to community service stating what medication I am on, why I need it, when I need it and how it could effect me). I was sent home because I am now not allowed to be under the influence of anything other than paracetamol! Without these painkillers I am in agony, barely able to move. My cso has basically saying unless the restricitons I have change he wants to refer my case back to court, and the way he makes it sound is that the judge would be likely to imprison me!
Now I WANT to do my punishment, I really am doing my best. Even after being mugged when leaving a placement by someone Id worked alongside all day, I put my head down and got on with it! I am not trying to get out of my punishment at all, but I have genuine restrictions on when and what I can do. If I could go back to working every other weekend, and allowed to take my painkillers I would happily get on with it. But they keep moving the goalposts and Im stuck!
has anyone had a similar situation? Im scared witless at the thought of going back to court (this is a first offence and last offence, Im a university graduate,previously held a professional position, never been in trouble with police). Going to court the first time made me suicidal, I dont know if I could deal with going through it again! But I cannot go without pain medication without being in agony, we could not find the £320 a month childcare (we are with CCCS as it is and on a very tight budget, so tight I'm down to one meal a day to save money), and the only way partner could change his hours would be to change his employment, and theres nothing suitable going at the minute (plus he loves his job and is on course for a big promotion and pay rise soon). Citizens Advice suggested I should ASK for it to be referred back to court as community service is not the best option for either side, and I have the proof Ive done everything possible to fulfill my punishment, but its being made near impossible for me!
Sorry for rambling, any advice, (without the b-itching) would be appreciated!!

Kay_Peel

Your CSO is right - Community service is the alternative to prison. If you are unable or incapable (for health and childcare reasons) to put in the service hours then you will be sent back to court. The court will look at the suitability of the punishment - and there aren't many other alternatives to prison. (It's rare, but not unusual to hear that you weren't given a suspended sentence if there was a low risk of you re-offending and this was your first offence.)

If you want to be referred back to the court then there is a possibility that you will be given a short prison sentence.

It really is in your interests and your family's interests to serve the hours as quickly as possible. It's your top priority. It's not something that you can do when you've got the time/when you've got the childcare/when you're feeling well - it's got to be done no matter what.

It means turning up with your children in tow if you haven't got anyone to look after them! Yes, I mean that - you've got to show willing and give the CSO no grounds for saying that you're in breach of your sentence.

And, for goodness sake, keep off any medication that will incapacitate you before your placement.

I don't usually say this to people seeking help but in your case I would say 'Get on with it and get it done' for your own sake and for your family's sake.

thorsoak

As things stand, you are unable to do your CSO, therefore the alternatives are either a hefty fine or a jail sentence. You say you want to complete your punishment - and punishment is actually meant to be inconvenient and put the offender in a difficult position.

So will a large fine or jail be any less of a difficult position? No excuses - who will look after your children whilst you are inside? Or where will you find the money for a fine? Don't expect to be able to wriggle out of being inconvenienced!

abi-em-mum83

Kay_Peel wrote: »

Your CSO is right - Community service is the alternative to prison. If you are unable or incapable (for health and childcare reasons) to put in the service hours then you will be sent back to court. The court will look at the suitability of the punishment - and there aren't many other alternatives to prison. (It's rare, but not unusual to hear that you weren't given a suspended sentence if there was a low risk of you re-offending and this was your first offence.)

If you want to be referred back to the court then there is a possibility that you will be given a short prison sentence.

It really is in your interests and your family's interests to serve the hours as quickly as possible. It's your top priority. It's not something that you can do when you've got the time/when you've got the childcare/when you're feeling well - it's got to be done no matter what.

It means turning up with your children in tow if you haven't got anyone to look after them! Yes, I mean that - you've got to show willing and give the CSO no grounds for saying that you're in breach of your sentence.

And, for goodness sake, keep off any medication that will incapacitate you before your placement.

I don't usually say this to people seeking help but in your case I would say 'Get on with it and get it done' for your own sake and for your family's sake.

Honestly, do you think this person would be allowed to take her children? Quite often these placements are in charity shops, litter picking, painting fences on pavements etc. DO you seriously suggest she takes her YOUNG children with her? Thats ridiculous! I know when I did work experience within my local community service children were not allowed on the premises, we had offenders who were turned away from meeting because they had no childcare available and thought they were doing their best by still turning up,child in tow! She would not be allowed to take her children with her!
And as for not taking medication, thats uneccesary. If she can prove she NEEDS this medication (and not for addiction) then of course she could take it. From the sounds of it she'd be no use without it at community service as she would be in too much pain to carry out her work! Its not like she chooses to take it, she has said without it she is in agony, and she has had it explained from the doctors that its necessary!
In my opinion your CSO is being unfair. They allow offenders to carry out placements while under the influence of methedone, and would be pulled over hot coals if they that person not to take a prescribed medicine! Scabbymonkey, from experience, you have to bear in mind the kinds of people CSO's deal with daily, and how they usually try and get out of doing it by any way necessary. I would ask them to carry out a risk assessment on you, and take it from there. Or speak to your solicitor as you genuinely seem to be doing everything in your power but hitting a brick wall!
Good luck!

BTW IF it went back to court I doubt very much a prison sentence would be handing out. There are limits and guideline as to what you can be given. Community Service is actually quite a low tarriff punishment,not a direct alternative to prison. Its very very unlikely that if you have complied to the best of your ability a judge would go straight from community service to imprisonment. Its like swatting a fly with a cannon ball!lol

dirtysexymonkey

shouldve thought about this when you stole from the rest of us. no sympathy even though you really want it which is obvious from your post full of poor me me me.

abi-em-mum83

dirtysexymonkey wrote: »

shouldve thought about this when you stole from the rest of us. no sympathy even though you really want it which is obvious from your post full of poor me me me.

How do you know what her crime was? Can you say judgemental? And where is she looking for sympathy? Wow could I be the only open minded non judgemental person on MSE? Im sure shes happy to know she doesnt have your sympathy, shame you have no USEFUL advice to add to your judgment and disdain! What a helpful, positive way to spend your time!

dirtysexymonkey

abi-em-mum83 wrote: »

How do you know what her crime was? Can you say judgemental? And where is she looking for sympathy? Wow could I be the only open minded non judgemental person on MSE? Im sure shes happy to know she doesnt have your sympathy, shame you have no USEFUL advice to add to your judgment and disdain! What a helpful, positive way to spend your time!

errrr i can read?:rotfl:
her old posts. interesting that she now admits that shes guilty of benefit fraud and is happy to take her punishment and wants to do it. as i said no sympathy. everyone judges, dont paint yourself as mother theresa. youve just judged me.;)

Mojisola

dirtysexymonkey wrote: »

errrr i can read?:rotfl:
her old posts.

https://forums.moneysavingexpert.com/discussion/comment/45634344#Comment_45634344

abi-em-mum83

lol I can also read, no where in this post does she accept the guilt, only accepting what has been handed out, and accepting she has to do it! Nope I havent judged YOU just your pointless post. But now Im sure you have made yourself better by posting that!

Scabby monkey, if I was you I wouldnt lower yourself to reply on here. If you want some advice from someone who's had experience , or just someone to talk to, WITHOUT JUDGEMENT feel free to PM me!

dirtysexymonkey

scabbymonkey wrote: »

Hi I was given 180 hours community service, and have 150 hours left. Before going to court a report was compiled, and in it I explained how I have young children,no support, serious health issues and a partner who works 60-70 hours, 6 days a week. I had a battle with the community service officer at the beginning over what tasks I was able to do due to health, as well as trying to bend over backwards to work when they wanted. Neither of my children are at school, I have no family here and cannot afford childcare. other half works 6 days, and due to being management involved in transport can often be made to work late at very short notice. A recent stint in hospital left me on very strong painkillers which make me zombie like. I am in constant daily agony, regular emergency hospital admissions and doctors have no idea whats causing the pain. I am due to have exploratory surgery, and could end up with a hysterectomy aged 26. Even then they dont know if it will stop the pain.
Despite being very open and upfront to community service, and trying everything I can to get to placement, its becoming very very difficult, and they keep changing the agreements. We arranged it would be every other saturday 9-5 to fit in with my other halfs work. He agreed with his area manager that if anything came up on the days I have to be at placement,they'd have to make other arrangements. This has caused trouble with his employers. Then the CSO decided I could no longer do every other saturday and would have to be 5-9 mon-fri, or 9-5 saturday and sunday. I explained my partner works till 6, and isnt home till almost 7, even on the nights he isnt working late, and he HAS to work alternate saturdays and sundays. While partner is at work I am the only person to care for our young children. Childcare for them both for a full day would be £80 per day (cheapest quote) and since I cant work with my health, it would have to come out of my partners wages, and this would be impossible to find! Neither of us have family within 100 miles, and all my friends work and have their own children (I have asked them to watch the children 1 day at the weekend and all have said no)
I attended placement last week under the influence of my very strong painlkillers (I have provided a letter off my GP to community service stating what medication I am on, why I need it, when I need it and how it could effect me). I was sent home because I am now not allowed to be under the influence of anything other than paracetamol! Without these painkillers I am in agony, barely able to move. My cso has basically saying unless the restricitons I have change he wants to refer my case back to court, and the way he makes it sound is that the judge would be likely to imprison me!
Now I WANT to do my punishment, I really am doing my best. Even after being mugged when leaving a placement by someone Id worked alongside all day, I put my head down and got on with it! I am not trying to get out of my punishment at all, but I have genuine restrictions on when and what I can do. If I could go back to working every other weekend, and allowed to take my painkillers I would happily get on with it. But they keep moving the goalposts and Im stuck!
has anyone had a similar situation? Im scared witless at the thought of going back to court (this is a first offence and last offence, Im a university graduate,previously held a professional position, never been in trouble with police). Going to court the first time made me suicidal, I dont know if I could deal with going through it again! But I cannot go without pain medication without being in agony, we could not find the £320 a month childcare (we are with CCCS as it is and on a very tight budget, so tight I'm down to one meal a day to save money), and the only way partner could change his hours would be to change his employment, and theres nothing suitable going at the minute (plus he loves his job and is on course for a big promotion and pay rise soon). Citizens Advice suggested I should ASK for it to be referred back to court as community service is not the best option for either side, and I have the proof Ive done everything possible to fulfill my punishment, but its being made near impossible for me!
Sorry for rambling, any advice, (without the b-itching) would be appreciated!!

you really cant see where shes practically begging for sympathy? none of this is relevant! its all so people say poor you, its not your fault you STOLE FROM THE REST OF US.

dirtysexymonkey

abi-em-mum83 wrote: »

lol I can also read, no where in this post does she accept the guilt, only accepting what has been handed out, and accepting she has to do it! Nope I havent judged YOU just your pointless post. But now Im sure you have made yourself better by posting that!

Scabby monkey, if I was you I wouldnt lower yourself to reply on here. If you want some advice from someone who's had experience , or just someone to talk to, WITHOUT JUDGEMENT feel free to PM me!

so your just like her! thought so. please do stick together and steal from each other and not the rest of us.